Oklahoma WCC may re-fire employees who filed employment lawsuit

Posted By
Mazaheri Law Firm

The Oklahoma State Workers' Compensation Commission (WCC) has been
in the news quite a bit recently, and not in a good way. A lawyer for
the state attorney general's office gave bad advice to the commission
with regard to compliance with Oklahoma's Open Meeting Act (OMA),
and then five of 16 employees that were fired by the commission in July
filed a wrongful termination lawsuit, alleging violation of the OMA and
discrimination. A sixth former employee has apparently filed a separate
suit in which she claims the workers' compensation commission fired
her in retaliation, ironically, for filing a workers' compensation claim.

The WCC began operating in February after the state legislature decided
to move to an administrative-based workers' compensation from the
previous judicially-based system. It held a meeting on July 9th, at which
time the decision was made to fire the 16 workers in question. Sources
contend that it is unclear whether that meeting was in violation of the
OMA, as there is ambiguity as to who has the authority to fire employees.

The five employees involved in the first lawsuit contend that not only
did the meeting violate the OMA, but that the firings were impermissible
as they were predicated on the basis of age discrimination. The plaintiffs
point to the fact that 13 of the 16 former workers were over the age of
40. They seek reinstatement, back wages, damages for emotional distress
and attorney's fees. The state attorney general's office has advised
the WCC to hold another hearing to remedy the alleged OMA violation, at
which time the workers can be fired again. This is all in an attempt to
mitigate the potential damages the state would have to pay if a court
rules against it.

Federal and state employment law protects several classes of individuals
from termination of employment based solely upon membership in one of
those classes. These classes are, generally, race, religion, ethnicity,
gender and age. The law also prohibits retaliation by employers against
an employee who attempts to collect benefits to which he or she is entitled.
In these circumstances, a person that feels he or she was wrongfully terminated
may wish to discuss the details with a legal professional with experience
in employment law to determine what, if any, legal action is possible
to redress the grievance.